Legal Opinion

United States v. Joaquin Palacio, Also Known as Ruben Zapata

Court of Appeals for the Second Circuit

Decided August 31, 1993No. 1587, Docket 92-1618PublishedCited by 49 opinions

1Opinion of the Court

JON O. NEWMAN, Chief Judge:

Congress has specified more severe penalties for offenses involving cocaine base than for offenses involving cocaine hydrochloride. See 21 U.S.C. § 841(b)(l)(A)(iii), (B)(ii)(II) (1988). Though the purpose of the higher penalty is to deter traffic in crack, a common form of cocaine base, this Circuit has ruled that the higher penalties for cocaine base apply to any substance within the chemical definition of cocaine base, whether or not it is crack. See United States v. Jackson, 968 F.2d 158 (2d Cir.), cert. denied, — U.S. -, 113 S.Ct. 664, 121 L.Ed.2d 589 (1992).…

2Cases cited18 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Stinson v. United StatesSupreme Court of the United States · 1993
  3. Smith v. United StatesSupreme Court of the United States · 1993
  4. Chapman v. United StatesSupreme Court of the United States · 1991
  5. United States v. Carolene Products Co.Supreme Court of the United States · 1938

13 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. United States v. Fred Snow, Marcus Snow, Rahad RossCourt of Appeals for the Second Circuit · 2006
  2. United States v. James Fields Christopher CrawleyCourt of Appeals for the Second Circuit · 1997
  3. United States v. Luis Humberto BarbosaCourt of Appeals for the Third Circuit · 2001
  4. United States v. Keith JamesCourt of Appeals for the Third Circuit · 1996
  5. United States v. Henry BookerCourt of Appeals for the Seventh Circuit · 1995

44 more not listed; retrieve them via the Exa API.

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